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Corporation created.

Name.

General powers.

Proviso.

Capital stock

ers.

CHAP. 170.

AN ACT to revive an act entitled "An act to incorporate the
Whitehall and Fairhaven Turnpike Company."

Passed April 6, 1827.

BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That the act, entitled "an act to incorporate the Whitehall and Fairhaven turnpike coinpany, passed April 10th, 1824, be and the same is hereby revived and declared to be in full force and effect, from and after the passing of this act; and that the aforesaid company shall have until the first day of December, one thousand eight hundred and twenty-nine, to finish their road.

CHAP. 171.

AN ACT to incorporate the Catskill and Mountain Turnpike
Company

Passed April 6, 1827.

1. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That Lewis Benton, Jonathan Palen and Wilkes Hyde, and all such persons as shall associate for the purpose of making a good and sufficient turnpike road, commencing at the west end of the draw-bridge, in the village in the town of Catskill, in the county of Greene, and to terminate at or near the house of the widow Gilbert E. Palen, in said own of Catskill, in the county of Greene, so as to promote the interest of the public and of this corporation, shall be, and hereby are created a body politic, by the name of "the Catskill and Mountain turnpike conpany ;" and they are hereby constituted and declared a body politic, in fact and in name; and by that name they and their successors shall and may have continual succession; and they are hereby declared capable in law, of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended, in all courts and places whatsoever: and also that they may make and use a common seal, and alter the same at pleasure; and also that they are hereby made capable in law, of purchasing and conveying any estate, real and personal: Provided such estate, as well real as personal, so to be purchased and held, shall be necessary to fulfil the end and intent of the said corporation, and to no other purpose whatever.

2. And be it further enacted, That the stock of the said company hereby incorporated shall not consist of more than three hunCommision dred shares, of twenty-five dollars each; and that Lewis Benton, David G. Abeel and Jonathan Palen are hereby appointed commissioners to receive subscriptions for the said stock, in the manner directed in and by the act, entitled "an act relative to turnpike companies," passed the thirteenth March, 1807.

Directors. 3. And be it further enacted, That the concerns of the company hereby incorporated shall be managed by five directors, to be chosen

in the manner prescribed in and by the act relative to turnpike com
panies above mentioned, who are authorised to elect one of their
number the president of the said board of directors, three of whom President.
shall be a quorum to transact the business of the said company, any
law to the contrary notwithstanding.

arch of road,

&c.

4. And be it further enacted, That the company hereby in- Width and corporated shall not be required to have the said road laid out of a greater width than fifty feet, nor to make the bed' or arch of said road more than twenty feet in width; and when the steepness of side hills or rocks or other obstacles render it impracticable, in the opinion of the commissioners, to complete it of that width, it shall be lawful for said company to make and complete it of such less width as may be practicable, and without a ditch on the lower side, but in no place however shall the bed of the said road be made of less width than sixteen feet.

5. And be it further enacted, That the company hereby in- Toll. corporated shall be entitled to exact and receive at the gate to be erected on said road, the following prices of money from all persons travelling or using the same, to wit: for every score of hogs or sheep, eight cents; for every score of cattle, horses or mules, twenty-five cents; for every chair, sulky or chaise with one horse, twelve and an half cents; for every waggon drawn by one horse, six cents; for every horse led or rode, five cents; for every chariot, coach, coachee, phaeton, pleasure waggon or pleasure carriage drawn by two horses, mules or oxen, twelve and an half cents; for every horse, mule or ox, three cents; for every cart drawn by two oxen, twelve and an half cents; for every additional yoke of oxen or pair of horses or mules, six cents; for every sled drawn by two horses, mules or oxen, six cents: but nothing in this section or in this act contained shall be so construed as to entitle the said conipany to demand or receive toll of such persons as are exempted fron the payment thereof, in and by the seventh section of the act, entitled " an act relative to turnpike companies," herein before alluded to. 6. And be it further enacted, That whenever five miles of either end of said road shall be completed, it shall be lawful for the tobe erected. said company to cause the same to be inspected, and upon the license of the person administering the government of this state, to erect a gate upon said road, and to ask and receive thereat half the preceding rates of tull.

7. And be it further enacted, That it shall and may be lawful

Gate, when

Commute.

to and for the said president and directors, at any time, and for such tion allowed. time as in their discretion they may think proper, to commute with all persons travelling the said road by the year, and for any shorter period.

tions.

8. And be it further enacted, That the company hereby incorpo- Privileges rated shall have and enjoy all the rights, privileges, powers and immuni- and restric ties which are given and granted in and by the aforesaid act, entitled "an act relative to turnpike companies," and the acts amending the same; and shall be subject to all the conditions, restrictions and regulations therein contained, excepting in regard to such matters as are herein expressly provided for and enacted.

9. And be it further enacted, That this act shall be deemed and taken to be a public act, and shall be liberally construed to effect the end and purpose hereby intended and contemplated: Provided,

Public act.

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May be re- That the legislature may, at any time hereafter, amend this act, or vary or modify its powers as to them shall seem fit and proper.

pealed.

Commission

road.

10. And be it further enacted, That John Remsen, Jonathan ers to lay out Rowe, junior, and William Edwards, or any two of them, be and they are hereby appointed commissioners to survey and lay out the said road, subject to the regulations and restrictions prescribed and contained in the aforesaid act, entitled "an act relative to turnpike companies;" and to execute and perform all the duties therein mentioned, as fully as if the said commissioners had been appointed in Limitation. the manner prescribed by the said act: And further, That the whole road shall be completed within five years, or that this act shall become void and of no effect.

CHAP. 172.

AN ACT to alter the time of holding the annual Town Meeting, in the Towns of Lewis and Jay, in the County of Essex.

Passed April 6, 1827.

BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That from and after the passing of this act the annual town meeting, in the towns of Lewis and Jay, in the county of Essex, shall be held on the first Tuesday in March annually; and all such town officers, whose duty it is to meet on the last Tuesday in February in every year, to do and transact such business as to their respective offices may appertain; and that the next town meeting shall be held at the place to which it was adjourned at the last town meeting.

CHAP. 173.

AN ACT authorising the erection of a Mill Dam across the
Schroon River.

Passed April 6, 1827.

1. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That Alanson Fox and Reuben H. Green are hereby authorised to erect a dam across the Schroon river, at the town of Chester, in the county of Warren, on lot number nineteen, owned by the said Hiram Green, in the twenty-fourth township of Totten and Crossfield's purchase, at a place commonly called Benthuysen's Falls; said dam to extend across said river from lot number nineteen to the opposite side or bank of said river, upon lands owned by the people of the state of New-York; said dam not to exceed four feet in height: Provided, That the said Alanson Fox and Reuben H. Green, or their associates, shall so erect said dam, with an apron sufficient for logs and other lumber to pass over said dam, which is commonly floated down said river.

2. And be it further enacted, That if, at any time hereafter, the waters should be required or drawn from said river, for the benefit of

internal improvements or navigation, it shall not be lawful for the said Alanson Fox and Reuben H. Green, nor any person owning said dam, to claim or recover any damages therefor: and also that the legislature of this state may, at any time hereafter, modify or repeal

this act.

СНАР. 174.

AN ACT to revive the act, entitled "An act to incorporate the
Monroe Fire Insurance Company," passed March 9th, 1825.

Passed April 6, 1827.

1. BE it enacted by the People of the State of New-York, repre- Act revived. sented in Senate and Assembly, That the act, entitled "an act to incorporate the Monroe fire insurance company, to be located in the village of Rochester," passed March 9th, 1825, shall be, and the same is hereby revived: and that the president and directors of said company shall have time to receive subscriptions to the capital stock of said company, to be paid or secured according to the provisions of the said act hereby revived, until the first day of January eighteen hundred and twenty-nine.

2. And be it further enacted, That the directors of said com- Directors to pany, appointed by said act hereby revived, shall continue directors continue. thereof, and be entitled to all the privileges, and be subject to all the provisions and penalties in the said act mentioned.

business.

3. And be it further enacted, That the president and direc- When to tors of said company may commence business so soon as one hun- commence dred and twenty-five thousand dollars of the capital stock of said company shall be paid in, or secured to be paid, according to the provisions of the act hereby revived, any thing in the said act hereby revived to the contrary notwithstanding.

instalments.

4. And be it further enacted, That it shall be lawful for the board Directors of directors of said company, at such times as they see fit after the may require company shall have commenced business, to require of the stockholders to pay in, or secure to be paid according to the provisions of the act so revived, the residue of the amount of the shares of stock previously subscribed for or then holden by such stockholders, on pain of forfeiture of all previous payments or securities made thereon: Provided however, That the amount required at any one call in virtue of this section, shall not exceed twelve dollars and fifty cents, on each share respectively, and that weekly notice shall have been given of every such call for three months preceding the same, in two of the public papers printed at Rochester aforesaid.

22

Proviso.

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CHAP. 175.

AN ACT to amend an act, entitled" An act to vest certain Privileges in the Freeholders and Inhabitants of the Village of Ogdensburgh," passed April 9th, 1824.

Passed April 6, 1827.

BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That it shall and may be lawful for the board of trustees of the village of Ogdensburgh, to appoint twelve firemen in addition to the number which they are now by law authorised to appoint, and have power to remove the same firemen, and others to appoint in their stead, and also power to make such by-laws, rules and regulations, as may be necessary for the govern'ment of such firemen, and also power to inflict penalties not exceeding five dollars for any one offence, to be recovered before any justice of the peace in the county of St. Lawrence, in the name of the trustees of said village, which firemen so appointed shall enjoy the same privilege in regard to militia duty and serving on juries, as are allowed to the firemen belonging to the fire company now in said village.

CHAP. 176.

AN ACT to amend an act, entitled "An act concerning Richmond
County," passed April 19th, 1825.

Passed April 7, 1827.

BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That the act hereby amended be so far extended, as to require the health commissioners to repay to the supervisors of the county of Richmond, in the manner specified in the said act, all fees, expenses and charges which may be incurred by the said county for the transportation, confinement or maintenance of any mariner or sea faring person, not being a citizen of said county, charged with the commission of any crime or misdemeanor within the limits mentioned in said act, whether such mariner or sea faring person shall have contributed to the fund mentioned in said act or not, notwithstanding any thing contained in the act hereby amended to the contrary.

Corporation
oreated.

CHAP. 177.

AN ACT to Incorporate the Brooklyn Savings Bank.

Passed April 7, 1827.

1. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That Robert Snow, Andrew Mercein, Robert Nichols, and their associates, shall and hereby are con

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